"Every week we hear of a brutal murder, rape or stabbing, far too often perpetrated by someone who should not be in our country to begin with. Does the Prime Minister agree that, for cases in which the guilt is so undeniable, the crime so monstrous and the evil so irredeemable, the reintroduction of the death penalty for both foreign and domestic criminals should be put to the British people in a legally binding referendum?"
Sentencing & the death penalty
Rupert Lowe has asked the Prime Minister for a legally binding referendum on reintroducing capital punishment, and Restore Britain publishes the same demand as policy. This page sets out that record verbatim, alongside the legal position, the wrongful-conviction history, the polling, and the state of the sentencing system the debate sits inside.
The referendum question, verbatim
At Prime Minister's Questions on 12 November 2025, Mr Lowe asked for a binding referendum on reintroducing the death penalty. Both sides of the exchange are on Hansard.
"Reintroducing the death penalty is not the answer to this. It did not work when it was in place. It led to the death of people who, it turned out, were in fact innocent. What we must do, as we are doing, is improve the criminal justice response in this country."
The numbers around the debate
Four figures frame the argument: how the public divides, how long abolition has stood, when the UK bound itself internationally, and how full the prisons are.
Support versus opposition for bringing back the death penalty for some crimes, YouGov, published 7 November 2025 — five days before the PMQs exchange.
Peter Allen and Gwynne Evans were hanged on 13 August 1964, the last executions on British soil. Abolition for murder followed in 1965, made permanent in 1969.
ECHR Protocol 13 — abolition in all circumstances, no derogations or reservations permitted — has been in force for the UK since 1 February 2004.
Spare places in England and Wales as of 6 July 2026: a population of 87,551 against usable operational capacity of 88,818, per the Ministry of Justice weekly series.
What Restore Britain publishes
The party's law-and-order paper carries the referendum demand and related punishment proposals. The wording below is the party's own.
- "Hold a Binding Referendum on Restoring the Death Penalty", arguing that "a considerable majority of the country supports the death penalty for certain crimes" and citing a cost of "over £55,000 per year" for "a prison cell for a murderer".
- "Strict sentences for anyone caught carrying a knife" — Mr Lowe has separately asked the government, in a written question answered 18 June 2025, to introduce a minimum five-year sentence for adults convicted of carrying a knife.
- "Women should be permitted to carry and use pepper spray – a tool used by the police themselves – to defend against attackers."
- On a referendum itself, Mr Lowe has said Restore Britain members would be "free to campaign how they choose".
Beyond the referendum call, Mr Lowe's written parliamentary questions on sentencing include:
- a review of sentencing guidelines for grooming-gang offences (answered 22 January 2025);
- sentences handed down for offensive social-media posts (answered 29 January 2025);
- the proportion of imprisoned sex offenders who are foreign nationals (answered 30 July 2025);
- average custodial sentences for Islamist terrorism offences (answered 16 July 2025).
His full question and voting record is linked from the profile page.
What reintroduction would actually require
The death penalty was not removed by one decision but by a series of Acts and treaty commitments spanning four decades. Each is a separate barrier a referendum result would have to unwind.
- The Murder (Abolition of Death Penalty) Act 1965 suspended capital punishment for murder; Parliament made abolition permanent in December 1969, and Northern Ireland followed in 1973.
- The Crime and Disorder Act 1998 abolished the death penalty for the last remaining offences — treason and piracy with violence.
- The Human Rights Act 1998 gives Convention rights direct effect in UK law.
- The UK ratified ECHR Protocol 13 on 10 October 2003; it came into force for the UK on 1 February 2004 and abolishes the death penalty in all circumstances, including wartime.
- Protocol 13 permits no derogations and no reservations. Reintroducing capital punishment while remaining a party to it is not legally possible.
- Leaving would mean denouncing the Convention framework — ECHR Article 58 requires six months' notice — plus repeal or amendment of the Human Rights Act and new primary legislation creating the offence-and-penalty framework.
The wrongful convictions behind the Prime Minister's answer
Starmer's reply — that the death penalty "led to the death of people who, it turned out, were in fact innocent" — refers to documented cases. Three are on the official record.
Hanged for a murder later attributed to the serial killer John Christie. Granted a posthumous royal pardon in October 1966 — a case that helped drive abolition.
Hanged at 19. Partially pardoned in 1993; his murder conviction was quashed in full by the Court of Appeal on 30 July 1998.
Hanged in Cardiff. His conviction was quashed on 24 February 1998 — the first case ever referred to the Court of Appeal by the Criminal Cases Review Commission.
Support for the death penalty for all murders sits below 40% in YouGov's long-run tracking; for worst-case murders — children, multiple victims, terrorism — it runs at 54–57%.
The murder that renewed the demand
The chronology matters: Mr Lowe's PMQs question came on 12 November 2025, three weeks before the murder of Henry Nowak. It was the Nowak case that made him repeat the demand, far more forcefully, in June 2026.
- Henry Nowak, an 18-year-old University of Southampton student, was stabbed five times on Belmont Road, Portswood, late on 3 December 2025.
- Police bodycam footage released on 2 June 2026 showed officers handcuffing the fatally wounded Nowak as he said he had been stabbed and could not breathe.
- Vickrum Singh Digwa, 23, was convicted of murder on 28 May 2026 and sentenced to life with a minimum term of 21 years. His mother was later convicted of assisting an offender.
- The House of Lords debated the case on 3 June 2026, and the police handling is under Independent Office for Police Conduct investigation.
After the conviction, Mr Lowe posted that "a Restore Britain Government, with the British people's approval, would put Vickrum Digwa to death", repeated the binding-referendum pledge, and said "we need prosecutions for what happened to Henry Nowak" over the police response.
He also tabled at least ten written questions to the Home Office — answered 11 June 2026 — covering the arrest decision, bodycam and radio evidence, the scope of the IOPC investigation, and the treatment of the victim's family.
The sentencing crisis this debate sits inside
Any argument about tougher punishment lands in a system already at the edge of capacity, and in the middle of the biggest sentencing reform for a generation.
Prisons nearly full
87,551 prisoners against a usable operational capacity of 88,818 as of 6 July 2026 — roughly 1,250 spare places across England and Wales.
Early release running
Since 10 September 2024, most standard determinate prisoners are released at 40% of sentence (SDS40). Over 16,000 were released under the scheme by the end of 2024.
The Gauke review
The Independent Sentencing Review (22 May 2025) recommended an "earned progression" model with release from the one-third point, and a presumption against short custodial sentences.
The Sentencing Bill
Legislation implementing most of the review was introduced on 2 September 2025 — moving sentencing policy in the opposite direction to the demands reported on this page.
Material used for this page
- Hansard: Prime Minister's Questions, 12 November 2025 (Lowe/Starmer exchange, col 155)
- Restore Britain: law, order and criminal justice paper
- Murder (Abolition of Death Penalty) Act 1965
- Crime and Disorder Act 1998, section 36
- Human Rights Act 1998 (Amendment) Order 2004 — Protocol 13 ratification and commencement
- European Court of Human Rights: death penalty factsheet (Protocols 6 and 13)
- House of Commons Library: UK government policy on abolition of the death penalty
- Criminal Cases Review Commission: Mahmood Mattan decision
- YouGov, 7 November 2025: do Britons support the return of capital punishment?
- YouGov tracker: should the death penalty be reintroduced in all cases of murder?
- Ministry of Justice: weekly prison population statistics
- Written ministerial statement: Independent Sentencing Review, 22 May 2025
- Ministry of Justice: SDS40 early release transparency data
- Hansard: House of Lords debate, Murder of Henry Nowak, 3 June 2026
- Rupert Lowe's written questions on the Nowak case, answered 11 June 2026
- TheyWorkForYou: Rupert Lowe's full parliamentary record